The Taystee Bread Company used to a have an advertising slogan: “Baked While You Sleep”. There have been some overnight developments in the matter of President Trump’s executive order banning travel to the U. S. by people from Iraq, Syria, Iran, Libya, Somalia, Sudan, or Yemen.
Events
Here are the events in the saga so far. On Friday President Trump issued an executive order putting a 90 day stay on travel by people from the seven countries listed above to the United States while the procedures for evaluating how the applications by those people are to be scrutinzed are re-examined. The action has met with scorn from many including both Republicans and Democrats. There have been demonstrations and denunciations both at home and abroad. Nearly all Congressional Democrats have come out in opposition to the EO; as of yesterday about 20 Congressional Republicans have come out against it with most of the rest remaining noncommittal.
Yesterday Acting Attorney General Sally Yates, an Obama appointee, issued a letter saying that she was directing the Department of Justice not to enforce the executive order. At Lawfare Jack Goldsmith, analyzing the letter, characterized the legal reasoning in the letter as “extraordinarily weak” and suggested that rather than being a legal statement within the AG Yates’s purview it was a political opinion and an act of insubordination.
President Trump has fired AG Yates.
There has been some flummery claiming that the firing would cripple the Justice Department, etc. but examination of the facts has revealed that claim to be preposterous.
Observations
Now some comments from me. Just to be clear, I oppose this executive order. I think it was far too broad and handled in a crude and hamhanded fashion.
Do I think it’s wrong to deal with some countries differently than others? Obviously not. The seven countries involved were deemed “countries of interest” under the Obama Administration and President Obama imposed a six month stay on travel to the United States from Iraq so it’s not completely wrong to think that President Trump’s action is a development of the policies of the Obama Administration although some are rejecting that view. I also note that with the exception of Iran the U. S. is conducting military operations in all of the “countries of interest” and it has been suggested from time to time that we have special forces operating in Iran as well. Under the circumstances I can’t help but wonder if that list isn’t an acknowledgement that is the case. Also, again with the exception of Iran, all of the countries in the list have Arab majorities. IMO there’s a much better case that the EO is anti-Arab than it is anti-Muslim.
Do I think it’s wrong to have different rules for people from some countries than others? Again, obviously not. We’ve been doing that for decades.
Do I think it’s wrong to have different rules for Muslim travelers from some countries than for non-Muslims from those same countries? I think it’s pragmatically problematic and I’ll give a tentative “Yes, I think it’s wrong” although I hasten to point out that we have had bans on travel to the U. S. by people holding certain views for decades and that between 1920 and 1965 Christians were de facto given preference in immigrating to the United States.
Do I think it’s counter-productive, even damaging, to U. S. interests? Yes. I also think that turning it into a cause célèbre is probably damaging to U. S. interests although I’m not prepared to make a quantitative or even a relative pronouncement on the subject. That’s among the reasons I think that, if the EO were to be issued at all, it should have been much narrower and handled a lot differently.
Basically, I think that the EO is a political act intended to reassure President Trump’s supporters that he was serious about what he said during the campaign. For some that will be reassuring; it will confirm the worst fears of others. It might also have been intended to demonstrate to them the limits of what he is able to do from a political standpoint as has been suggested by some but I’m not prepared to say I think that was part of Trump’s motivation.